Alleged perpetrators of serious crimes applying for asylum in the Netherlands: Confidentiality,the interests of justice and security

Abstract

The Refugee Convention states that asylum seekers should be excluded from refugee protection when there are ‘serious reasons for considering’ that they committed serious crimes. This article describes which alleged perpetrators are excluded in the Netherlands and discusses if and how confidentiality issues prevent disclosure of information about their nature and whereabouts. It concludes that law enforcement agencies typically receive information after a final decision to exclude has been made and that other actors are generally not informed at all. It is questioned to what extent this practice serves the interests of justice and security since it may frustrate successful prosecution and threaten security.